New York Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in New York. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

N.Y. Crim. Proc. Law 30.10

Class A felony, 1st degree rape, 1st degree criminal sexual act, 1st degree aggravated sexual abuse, 1st degree course of sexual conduct against a child: no statute of limitations

Other felonies:  5 years

Misdemeanors:  2 years

Petty offense:  1 year

Larceny by person with fiduciary duty: 1 year after discovery of offense

Misconduct in public office:  while defendant still in office or within 5 years after leaving office, up to a maximum additional 5 years

Environmental conservation law violation: 4 years after discovery

Tax law misdemeanors or violations of Chapter 46 of NY administrative code: 3 years

2nd degree course of sexual conduct against a child: 5 years

Certain defined sexual offense crimes with victim under 18; incest in the 1st, 2nd, or 3rd degree with victim under 18; or use of a child in a sexual performance:  when victim turns 18 or offense is reported, whichever occurs earlier

Terrorism felony: 8 years, or no limit if risk of death or serious physical injury

Tolling Provisions

The statute of limitations is tolled for any period when:

  • defendant is continuously outside the state, or
  •  the whereabouts of defendant are continuously unknown and unascertainable, up to an maximum additional 5 years

Back to State Criminal Defense Statutes

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